THE INTERNATIONAL CRIMINAL COURT AND THE SYMBOLIC PURPOSE OF TRIALS: RESCUING THE COURT’S LEGITIMACY IN DEVELOPING AND LEAST DEVELOPED COUNTRIES

authors Sofia Larriera Santurio
  Paula Nunes Mamede Rosa
journal RIDP (ISSN: 0223-5404)
volume 2022
issue Contemporary challenges and alternatives to international criminal justice
section Articles
date of publication Dec. 6, 2022
language English
pagina 17
abstract

The present article takes the International Criminal Court (‘ICC’)’s legitimacy crisis in many
developing and least developed countries as a starting point. Recognizing that international
criminal justice is a work in progress, this article seeks to contribute to the enhancing of ICC’s
legitimacy, offering a Global South perspective on the current prosecution mechanisms. For this,
the article analyzes the symbolic and expressive aspects of international criminal justice and its
trials, as well as the historic processes that have been identified in crimes prosecuted before the
ICC. It also makes use of two case studies before the ICC, Central African Republic and Uganda,
which allow a broader analysis of the Court’s practice regarding historical backgrounds. The goal
is to show that by engaging with the historical roots of contemporary conflicts, including
colonization and de-colonization processes, the Court could enhance its expressive power,
achieving a broader historical justice and improving its legitimacy before the developing and the
least developed countries.